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Landmark Judgments and Articles on Law

SC: Guidelines on grant of bail to accused not arrested during investigation on filing of chargesheet

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5191/2021 (Arising out of impugned final judgment and order dated 01-07-2021 in CRMABA No. 7598/2021…

Whether accused is entitled to get default bail if chargesheet in NDPS Act is filed without Analyst Report?

IN THE HIGH COURT OF KERALA AT ERNAKULAM B.A.No.5747 of 2021 PRESENT MR. JUSTICE P.V.KUNHIKRISHNAN SAMEEER Vs STATE OF KERALA Dated this the 8th day of September, 2021 A short point, ofcourse an interesting point, is raised by Advocate Smt.Anitha Mathai Muthirenthy, the counsel for…

Magistrate issue Summons not Arrest Warrant while accepting Chargesheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 929 OF 2021 (Arising out of SLP(Crl.) No. 5234/2021) AMAN PREET SINGH APPELLANT(s) VERSUS C.B.I. THROUGH DIRECTOR RESPONDENT(s) O R D E R Leave granted. This is one more case based on a…

Whether magistrate can allow complainant/ informant to add additional sections of IPC into chargesheet?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1996 /2013 (Arising out of SLP (Crl.) 734/2012) STATE OF GUJARAT ..Appellant Versus GIRISH RADHAKRISHNAN VARDE ..Respondent J U D G M E N T GYAN SUDHA MISRA, J. Leave granted. 2. This…

Directed to file the chargesheet within statutory period in connection with FIR of threat for inter-caste couple

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CORAM:HONOURABLE MS. JUSTICE GITA GOPI R/CRIMINAL MISC.APPLICATION NO. 21877 of 2019 With R/CRIMINAL MISC.APPLICATION NO. 342 of 2020; 18/06/2021 SURESHBHAI HATHIBHAI KHANT vs. STATE OF GUJARAT Appearance: MR IM PANDYA(546) for the Applicant(s) No. 1,2,3,4; MR NM…

SC : Court cannot impose condition of deposit of money while granting default Bail U/s 167(2) CrPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 681­682 OF 2020 (Arising from S.L.P. (Criminal) Nos.4386­4387/2020) Saravanan …Appellant Versus State represented by the Inspector of Police …Respondent J U D G M E N T M.R. SHAH, J. Leave granted. 2….

Whether the court can take cognizance of offence if the police have filed chargesheet against accused in the Non-cognizable crime?

IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH) Criminal Petition Nos. 100319 and 100326 of 2014 Decided On: 25.07.2014 Moin Basha Kurnooli Vs. The State of Karnataka Hon’ble Judges/Coram: K.N. Phaneendra, J. 1. All the above said 43 Criminal Petitions are clubbed and taken up…

Power U/s 482 CrPC Cannot be exercised Where the Allegations are required to be Proved In Court of Law

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 175 OF 2020 (ARISING OUT OF SLP (CRIMINAL) NO. 172 OF 2017) STATE OF MADHYA PRADESH …..APPELLANT(S) VERSUS YOGENDRA SINGH JADON & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The State is aggrieved…

Bail granted as chargesheet in FIR under Section 304-II IPC is not submitted within 60 days

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19th December, 2018 Decided on: 21st December , 2018 BAIL APPLN. 2760/2018 DEVESH KUMAR ….. Petitioner Represented by: Mr. R.K. Wadhwa, Mr.Vishesh Wadhwa, Ms. Meenal Duggal, Advs. versus STATE….. Respondent Represented by: Ms. Meenakshi…

Whether court can Quash prosecution against accused even if Chargesheet is filed against him?

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